Adoption

Adoption is a legally recognized way of forming a family. It is a judicial proceeding that transfers all rights and responsibilities of a biological parent, if known, to an adoptive parent. The procedures as set out by law are intended to protect the best interest of the children and the rights of parents or guardians. Persons desiring adoption have many choices.

• Adoptions may happen on an international, interstate, or local basis.
• Persons wanting to adopt may work with a licensed agency, do an independent or private-placement adoption, or perhaps adopt a child who is a relative, stepchild, or foster child.
• Governments may provide subsidies and/or financial assistance for persons wanting to adopt, especially in cases of older children or special needs children.
• Adoptions may be Open (birth parents and adoptive parents are known to each other) or Closed (neither party is known to the other).
• Adoptions may occur through methods of assisted reproductive technology such as surrogacy or a gestational carrier.
• Adoptions may be available to single persons or for two individuals, not married to each other, who wish to adopt.

There are many complex issues that may arise during the adoption process. Adoptions may involve the Indian Child Welfare Act (ICWA), the Interstate Compact on the Placement of Children (ICPC), the Hague Convention, a termination of parental rights (TPR) proceeding, the Fathers' Adoption Registry, adoption subsidies, contact agreements, an adult trying to locate his/her birth parents, and complications arising from media exposure.

Both birth parents and adoptive parents need representation and/or counseling during the adoption process. Although some states allow the practice, the State of Minnesota prohibits attorneys from matching children with possible adoptive parents; only state licensed agencies may perform this service in Minnesota. There are also specific rules, which vary from state to state, regarding the types of payments a birth mother may receive from adoptive parents.

For significant cases, (PDF).

Walling Berg & Debele is committed to providing all resources available to our clients. Our High Conflict Resolution Resources Center provides information and resources specific to the needs of families struggling with divorce, custody issues, parenting time and responsibility issues, child development and mental health services.